Madras High CourtCRL OP/20348/2021dismissed

M.Velmurugan v. State Rep.By Its

2021-10-29Honourable Mr Justice M.Dhandapani2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Friday, the Twenty Ninth day of October Two Thousand Twenty One PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL ORIGINAL PETITION No.20348 of 2021 M.VELMURUGAN [ PETITIONER / ACCUSED ] Vs STATE REP.BY ITS [ RESPONDENT ] THE STATION HOUSE OFFICER, KANNAMANGALAM POLICE STATION, TIRUVANNAMALAI DISTRICT.

CR.NO.678 OF 2019.

For Petitioner : M/S. S. KUMARA DEVAN Advocate For Respondent : MR.A.GOPINATH, Govt. Advocate ( Crl. Side) PETITION FOR BAIL 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner who was arrested on 06.08.2021 for the offence under Section 302 of I.P.C. @ 302, 379 of I.P.C. in Cr.No.678 of 2019 on the file of the respondent police, seeks bail. 2.It is the case of the prosecution that the petitioner is alleged to have had illegal intimacy with the deceased and collected huge amount from her for his lavish expenditure and on the date of occurrence, he collected her gold chain and thereafter he attacked her with aruval due to which, she lost her life. 3.The learned counsel appearing for the petitioner would submit that the petitioner has not committed any offence as alleged by the prosecution and would further submit that based on the seizure of the gold chain, the petitioner was implicated in the case.

He further submitted that earlier the petitioner approached this Court seeking bail by filing Crl.O.P.No.18883 of 2021 and this Court dismissed the said petition. However, now major portion of the investigation is over and hence, considering the change in circumstances, this Court may grant bail to the petitioner.

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4.The learned Government Advocate (Crl. Side) would submit that the petitioner had illegal intimacy with the deceased and committed murder of the deceased for gain and would further submit that investigation is still pending and hence, there is no change in circumstances.

5.Considering the nature of the allegations levelled against the petitioner and since investigation is still pending, this Court is not inclined to grant bail to the petitioner. 6.Accordingly, this criminal original petition is dismissed. -sd/- 29/10/2021 This order, on being produced, be punctually observed and carried into execution by all concerned TRUE COPY Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104.

TO 1 THE STATION HOUSE OFFICER, KANNAMANGALAM POLICE STATION, TIRUVANNAMALAI DISTRICT.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

3 THE SUPERINTENDENT, CENTRAL PRISON, VELLORE.

CC to M/S. S. KUMARA DEVAN Advocate on payment of necessary charges CRL OP.20348/2021 Date :29/10/2021 TA-09/11/2021 https://hcservices.ecourts.gov.in/hcservices/